« PreviousContinue »
Section 20. The seal of the State. 21. The Secretary of State to be
custodian of the State seal.He shall also keep a register of the official acts of the Gov
ernor. 22. How grants and commissions are
to be issued. 23. The Governor to have power to
fill any vacancy which may occur in any of the State
offices. 24. Duties of the State Treasurer,
Secretary of State, Auditor,
etc. 25. In regard to fees, costs, per
quisites of office, other than
the salaries prescribed by law. 26. Term of office of the sheriff.
His election, etc.
Section 15. Their term of office. 16. Duties of the judges of the Su
preme Court, Circuit Courts
and inferior courts. 17. Vacancies in the office of any
of the judges. 18. In any case, civil or criminal,
pending in any Circuit, Chancery or City Court in this State, if the presiding judge or chancellor shall be incompetent to try or render judgment, the parties or their attorneys of record may agree upon some disinterested person practicing
in the court to try the case. 19. When the judges or chancellors
fail to attend regular terms. 20. No judge of any Court of Rec
ord shall practice law in any
of the courts of this State. 21. Registers in Chancery. 22. Clerk of the Supreme Court. 23. Clerks of the Circuit Courts.
--Vacancies in such offices. 24. Removal from office of the clerk
of the Supreme Court and reg
isters in chancery. 25. Election of solicitors for each
judicial circuit. 26. Election of justices of the peace
and constables in each precinct of the counties.— Right to appeal in cases tried before jus
tices. 27. Election of the Attorney-Gene
ral.- His residence. 28. The style of all process shall be.
Judicial Department. 1. The judicial power of the State
shall be vested in the Senate. 2. Power of the Supreme Court. 3. Supreme Court to be held at the
seat of government. 4. Division of the State by the
General Assembly. 5. Jurisdiction of the Circuit Court. 6. Where the Circuit Court shall be
held.- Power of the judges. 7. Power of the General Assembly.
- Division of the State by the
General Assembly. 8. Where the Chancery Court shall
be held. 9. The General Assembly shall have
power to establish within the
State a Court of Probate. 10. Compensation of the judges of
the Supreme Court Circuit
Court and chancellors. 11. Of whom the Supreme Court
shall consist. 12. Election of the officers of the
Supreme Court, Circuit Courts,
Probate Courts, etc. 13. How judges of the inferior courts
shall be appointed. 14. Qualifications of the judges of
the Supreme Court Circuit Courts, chancellors, etc.
1. Enumeration of those who may
be removed from office by im
peachment. 2. In case an appeal is taken to the
Supreme Court in any of the
above cases. 3. All county officers may be re
moved from office for any of the causes specified in section
1 of this article, provided. 4. Penalties in cases arising under
the three preceding sections.
Suffrage and Elections. Section 1. Qualifications necessary to vote.
Representation. 1. The number of Senators. 2. Or whom the House of Repre
sentatives shall consist. 3. Duty of the General Assembly
in regard to the number of
Representatives, provided. 4. Division of the State into sena
torial districts. 5. In case the census of the United
States is not taken, or if when taken, the same in regard to this State is not full and satis
factory. 6. Number of Representatives from
each county. 7. The senatorial districts shall be
Section 4. Power of the General Assembly
to levy taxes. 5. Power of the counties to levy
taxes. 6. Property of private corporations
and individuals shall forever
be taxed, provided. 7. Rate of taxation to be levied by
city, town or other municipal
corporation, 8. Enumeration of the officers
whose salaries shall be reduced after the ratification of
this Constitution. 9. The General Assembly shall not
have the power to require the counties or other municipal corporations to
pay any charges which are now payable out of the State treasury.
Militra. 1. Those who are liable to do mili
tary duty in the militia of the
State. 2. The duties of the General Assem
bly in organizing and equip
ping a militia. 3. Each company and regiment
shall elect its own officers.-In
case they fail to do so. 4. Volunteer organizations of in
fantry, cavalry and artillery may be formed as provided by
law. 5. The militia and volunteer forces
during their attendance elections, musters, etc., shall be
exempt from arrest, except. 6. The Governor to be Commander
in-Chief of the militia, unless. 7. The General Assembly to provide
for the safe keeping of the
arms, ammunition, etc. 8. Pay of the officers and men of
the militia when not in active service.
Erempted Property. 1. Personal property of any resi
dent of this State to be ex
empt from sale, etc. 2. When homesteads shall be ex
empt from sale. 3. The homestead of a family after
the death of the owner. 4. Laborer's lien for work done and
performed for person claiming
such exemption. 5. On the death of the owner of a
homestead, leaving a widow, but no children, disposition of
the homestead. 6. The real and personal property
of any female in this State. 7. When exemptions hereinbefore secured may be waived.
Taxation. 1. Assessment of property. 2. No power to levy taxes shall be
delegated to individuals or
private corporations. 3. In regard to a new debt after
the ratification of this constitution.
Education. 1. A system of public schools to be
maintained by the General Assembly.- Separate schools
may be provided for the children of citizens of African
descent. 2. The principal of all funds shall
be preserved inviolate.- The income thereof to be applied to the specific objects of the original grants or appropria
tions. 3. In regard to property given by
individuals or appropriated by the State for educational pur
poses. 4. The General Assembly shall pro
vide for the levying and col
lection of an annual poll tax. 5. In regard to the income arising
from the sixteenth section trust fund and the surplus
revenue fund. 6. How much of the money raised
or appropriated shall be ex
pended. 7. The Superintendent of Education
shall have supervision of the
public schools. 8. No money raised or appropriated
for the public schools shall be used to support any sectarian
or denominational school. 9. Under whose management the
State University and the Agricultural and Mechanical College shall be.- Of whom the board of the University shall
consist. 10. The General Assembly shall have
no power to change the location of the State University,
etc. 11. How the provisions of this article
shall apply to Mobile county.
Section charter of
any corporation, now existing. 4. Foreign corporations. 5. No corporation shall engage in
any business other than that expressly authorized in its
charter. 6. In regard to the issue of bonds
by corporations. 7. Private property taken for pub
lic use. - Right to appeal from
an assessment. 8. How dues from private corpora
tions shall be secured. - No stockholder liable for more than the paid up stock owned
by him. 9. The issue of preferred stock by
corporations. 10. Power of the General Assembly
to alter, revoke or amend any charter of incorporation now
existing 11. Rights of telegraph companies. 12. All corporations shall have the
right to sue or to be sued. 13. The term corporation defined.
Banks and Banking. 14. Power of the General Assembly
to establish or incorporate any
bank or banking company. 15. All banks to be established under
the banking law. 16. In regard to bills and notes
issued as money. 17. Holders of bank notes and de
positors. 18. Every bank or banking company
shall be required to cease all banking operations within twenty years from the time of
its organization, unless. 19. The rate of interest to be re
ceived by banks. 20. The State shall not be a stock
holder in any bank, or give its credit.
Railrous and Canals. 21. All railroads and canals shall be
public highways.- Every railroad shall have the right to connect with any other railroad, etc.
Section 22. The General Assembly shall pass
laws to regulate the rates of
freights and passenger tariffs. 23. No railroad shall grant free
passes or sell tickets at a dis
count. 24. No street passenger railway
shall be constructed within the limits of any city or town without the consent of the
local authorities. 25. No railroad, canal, etc., shall
have the benefit of any future legislation other than.
Oath of Office. 1. Those who shall take the oath of
office.- The oath of office.
altering or amending the Constitution of this State, unless.
SCHEDULE. 1. All laws in force at the ratifica
tion of this Constitution shall
remain in force, until. 2. In regard to the bonds executed
by any officer of this State. All indictments found or which may be found shall be proceeded upon in the same manner as if this Constitution had
not been ratified. 3. All judicial and executive officers
and all other officers holding office at the time of the ratification of this Constitution shall continue to hold office,
except. 4. This Constitution shall be sub
mitted to the qualified electors of this State for ratification or
rejection. 6. Steps to be taken to give pub
licity and circulation to this
Constitution. 7. All laws requiring an enumera
tion of the inhabitants of this State during the year 1875 are
hereby voided. 8. The Board of Education in this
State is hereby voided. 9. The salaries of the executive and
judicial and all other officers of this State who may be holding office at the time of the ratification of this Constitution shall not be affected by the provisions of this Constitution,
Miscellaneous Provisions. 1. No person holding any office of
profit under the United States shall hold any other office, ex
cept. 2. The duty of the General Assem
bly to enact all laws necessary to give effect to the provisions of this Constitution,
ARTICLE XVII. Mode of Amending Constitution. 1. The General Assembly may,
whenever two-thirds of each house shall deem it necessary, propose amendments to this
Constitution. 2. No convention shall be here
after held for the purpose of
We, the people of the State of Alabama, in order to establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare and secure to ourselves and to our posterity, life, liberty, and property, profoundly grateful to Almighty God for this inestimable right and invoking His favor and guidance, do ordain and establish the following Constitution and form of government for the State of Alabama:
Declaration of rights. That the great, general and essential principles of liberty and free government may be recognized and established, we declare
1. That all men are equally free and independent; that they are endowed by their Creator with certain inalienable rights; that among these are life, liberty and the pursuits of happiness.
2. That all persons resident in this State, born in the United States, or naturalized, or who shall have legally declared their intention to become citizens of the United States, are hereby declared citizens of the State of Alabama, possessing equal civil and political rights.
3. That all political power is inherent in the people, and all free governments are founded in their authority, and instituted for their benefit; and that, therefore, they have at all times an inalienable and indefeasible right to change their form of government, in such manner as they may deem expedient.
4. That no religion shall be established by law; that no preference shall be given by law to any religious sect, society, denomination, or mode of worship; that no one shall be compelled by law to attend any place of worship, nor to pay any tithes, taxes or other rate for the building or repairing any placé of worship, or for maintaining any minister or mininstry; that no religious test shall be required as a qualification to any office or public trust, under this State; and that the civil rights, privileges and capacities of any citizens shall not be in any manner affected by his religious principles.
5. "That any citizen may speak write and publish his sentiments on all subjects, being responsible for the abuse of that liberty.
6. That the people shall be secure in their persons, homes, papers, and possessions, from unreasonable seizures or searches,